a public use' rests upon historical
error. In my opinion the true principle is that the State's power
extends to every regulation of any business reasonably required and
appropriate for the public protection. I find in the due process clause
no other limitation upon the character or the scope of regulation
permissible."
[185] Justice McReynolds, speaking for the dissenting Justices, labelled
the controls imposed by the challenged statute as a "fanciful scheme to
protect the farmer against undue exactions by prescribing the price at
which milk disposed of by him at will may be resold." Intimating that
the New York statute was as efficacious as a safety regulation which
required "householders to pour oil on their roofs as a means of curbing
the spread of a neighborhood fire," Justice McReynolds insisted that
"this Court must have regard to the wisdom of the enactment," and must
determine "whether the means proposed have reasonable relation to
something within legislative power."--291 U.S. 502, 556, 558 (1934).
[186] 313 U.S. 236, 246 (1941).
[187] 277 U.S. 350 (1928).
[188] 94 U.S. 113 (1877). _See also_ Peik _v._ Chicago & N.W.R. Co., 94
U.S. 164 (1877).
[189] Rate-making is deemed to be one species of price fixing. Power
Comm'n _v._ Pipeline Co., 315 U.S. 575, 603 (1942).
[190] Nebbia _v._ New York, 291 U.S. 502 (1934).
[191] 96 U.S. 97 (1878). _See also_ Chicago, B. & Q.R. Co. _v._ Chicago,
166 U.S. 226 (1897).
[192] 116 U.S. 307 (1886).
[193] Dow _v._ Beidelman, 125 U.S. 680 (1888).
[194] 134 U.S. 418, 458 (1890).
[195] 143 U.S. 517 (1892).
[196] 154 U.S. 362, 397 (1894).
[197] Ibid 397. Insofar as judicial intervention resulting in the
invalidation of legislatively imposed rates has involved carriers, it
should be noted that the successful complainant invariably has been the
carrier, not the shipper.
[198] 169 U.S. 466 (1898).--Of course the validity of rates prescribed
by a State for services wholly within its limits, must be determined
wholly without reference to the interstate business done by a public
utility. Domestic business should not be made to bear the losses on
interstate business, and vice versa. Thus a State has no power to
require the hauling of logs at a loss or at rates that are unreasonable,
even if a railroad receives adequate revenues from the intrastate long
haul and the interstate lumber haul taken together. On the other hand,
in determining whether intrastate pa
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